We reserve the right to alter these Terms at any time. If the alterations constitute a material change to the Terms, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment. Your continued use of our Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
The Services that Capsule provides are always evolving and the form and nature of the Services that Capsule provides may change from time to time without prior notice to you. In addition, Capsule may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits or charge fees on use and storage at our sole discretion at any time without prior notice to you.
You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms on our site ("Registration Data"); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.
Content and Interactive Areas
Our site includes interactive areas ("Interactive Areas") in which you or other users may post, link, store or otherwise make available Content. You are solely responsible for your use of the Interactive Areas and you agree to use them at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our site any of the following:
- Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, fraudulent or otherwise objectionable (as determined in our reasonable discretion);
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce your Content;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information; and
- Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our site.
We take no responsibility and assume no liability for any Content posted, stored or uploaded by you, other users, or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
As a provider of interactive services, we are not liable for any statements, representations, Content or Third Party Content (as defined below) provided by users in any public forum or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, we reserve the right, and have absolute discretion, to remove, screen or edit any Content posted or stored on our site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing, any Content you post or store on our site, at your sole cost and expense.
You retain all your rights and ownership to any and all Content you submit, post or display in the Interactive Areas. By submitting, posting or displaying Content in the Interactive Areas, you grant Capsule a worldwide, non-exclusive, royalty-free license with the right to sublicense to use, copy, process, publish, display and distribute such Content in any and all media or distribution methods in order for us to provide the Services and only to provide the Services. You agree that this license includes the right for Capsule to make such Content available to other companies, organizations or individuals who provide services on behalf of Capsule to provide its Services subject to our terms and conditions for such Content use. This may include, but is not limited to, photo printing services, e-card services, etc.
In addition, by submitting, posting or displaying Content in the Interactive Areas, you grant all other users of the Interactive Areas a limited, worldwide, non-exclusive, royalty-free license (“User License”) to use, copy, process, publish, display, or distribute such Content for their own personal or non-commercial use. This User License is subject to these Terms and does not include: (i) any resale or commercial use of the Content; (ii) modifying or otherwise making any derivative uses of the Content (or any portion thereof) for commercial use; or (iii) any use of the Content other than for its intended purpose.
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice. We make reasonable efforts to accurately display the attributes of our products, but we cannot guarantee that your computer will accurately display these attributes. The inclusion of any products or services in the Services at a particular time does not imply or warrant that these products or services will be available at any time. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service. Title and risk of loss for any purchases pass to you upon our delivery to our carrier.
Third Party Content
We provide third party content on our site and provide links to sites and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and we make no representation or warranties of any kind regarding the Third Party Content.
You are granted a right to create a text hyperlink to our site for noncommercial purposes, provided such link does not portray us or our services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
You may not use, frame or utilize framing techniques to enclose any Capsule trademark, logo or other proprietary information, including the images found at our site, the content of any text or the layout/design of any page or form contained on a page on our site without our express written consent.
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from our site or sites linking to our site.
Advertisements and Promotions; Third Party Products and Services
We may run advertisements and promotions from third parties on our site or may otherwise provide information about or links to third-party products or services on our site. Your business dealings or correspondence with or participation in promotions of such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Capsule advertisers or third party information on our site.
Copyright and Limited License
Unless otherwise indicated on our site, our site and all content and other materials on our site, including, but not limited to, our logo and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof (collectively, the "Site Materials") are our proprietary property or our licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use our site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials (except Third Party Content) for your informational, non-commercial and personal use only. The license is subject to these Terms and does not include: (i) any resale or commercial use of the Site or the Site Materials therein; (ii) the distribution, public performance or public display of any Site Materials; (iii) modifying or otherwise making any derivative uses of our site and the Site Materials (or any portion thereof); (iv) use of any data mining, robots or similar data gathering or extraction methods; (v) downloading (other than the page caching) of any portion of our site, the Site Materials or any information contained therein, except as expressly permitted on our site; or (vi) any use of our site or the Site Materials other than for its intended purpose. Any use of our site or the Site Materials other than as specifically authorized in these Terms, without the our prior written permission, is strictly prohibited and will terminate the license granted in these Terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of our site, the Site Materials, the Interactive Areas and/or our services; (ii) your conduct; (iii) your violation of these Terms or your violation of the rights of any third party; or (iv) any Content.
UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, OUR SITE, THE SITE MATERIALS, THE THIRD PARTY CONTENT, THE CONTENT, ANY HYPERLINKS, OUR SERVICES AND ANY OTHER SERVICES AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE (COLLECTIVELY, "CAPSULE CONTENT/SERVICES") ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT ANY CAPSULE CONTENT/SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF ANY CAPSULE CONTENT/SERVICES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO ALL CAPSULE CONTENT/SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE CAPSULE CONTENT/SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (including, BUT NOT LIMITED TO, bodily injury, emotional distress, any other damages resulting from communications WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, VIA OUR SITE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SERVICES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE CAPSULE CONTENT/SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (including, BUT NOT LIMITED TO, bodily injury, emotional distress, any other damages resulting from communications WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM USE VIA OUR SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO OUR SERVICES) EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to our site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Applicable Law and Venue
These Terms shall be governed by the internal substantive laws of the State of Delaware. Any claim or dispute between you and Capsule that arises in whole or in part from Capsule shall be decided exclusively by a court of competent jurisdiction located in Delaware.
We have the right, without notice and in our sole discretion, to terminate your license to use our Services, and to block or prevent your future access to and use of our Services.
Questions & Contact Information
Questions or comments about our site may be directed to us at the email address firstname.lastname@example.org
Last Revised: June 7, 2012